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Scottish Statutory Instruments

2003 No. 130

NATIONAL HEALTH SERVICE

The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2003

Made

28th February 2003

Laid before the Scottish Parliament

5th March 2003

Coming into force

1st April 2003

The Scottish Ministers, in exercise of the powers conferred by sections 19(2), 27(2), 69(1) and (2), 105(7) and 108(1) of the National Health Service (Scotland) Act 1978(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2003 and shall come into force on 1st April 2003.

(2) In these Regulations, “the principal regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001(2).

Amendment to the principal regulations

2.—(1) Subject to regulation 3 below, the principal regulations are amended in accordance with the following paragraphs.

(2) In regulation 3(1)(b)(3) (supply of drugs and appliances by chemists) omit “£6.20” and insert “£6.30”.

(3) In regulation 8(5) (pre-payment certificates)–

(a)omit “£32.40” and insert “£32.90”; and

(b)omit “£89.00” and insert “£90.40”.

(4) Omit Schedules 1, 2 and 3 and insert Schedules 1, 2 and 3 as set out in the Schedule to these Regulations.

Transitional provisions

3. Regulation 2(2) to (4) shall apply in relation to supplies of drugs and appliances and payments for pre-payment certificates made on or after 1st April 2003 except that–

(a)the amendment of regulation 8(5) (pre-payment certificates) of the principal regulations by regulation 2(3) above shall apply only where the application referred to in paragraph (1) of the said regulation 8 is received on or after that date; and

(b)the insertion of Schedule 3 into the principal regulations by regulation 2(4) above shall apply only where the examination or first examination leading to the supply of the specified appliance takes place on or after that date.

FRANCIS McAVEETY

Authorised to sign by the Scottish Ministers

St. Andrew’s House,

Edinburgh

28th February 2003

Regulation 2(4)

SCHEDULE

Regulations 3, 4 and 5

SCHEDULE 1CHARGES FOR ELASTIC HOSIERY

Column 1

Column 2

Specified Appliance

Specified Sum

Above knee stocking, below knee stocking or thigh stocking

£6.30 each (i.e. £12.60 per pair)

Regulation 5

SCHEDULE 2CHARGES FOR TIGHTS

Column 1

Column 2

Specified Appliance

Specified Sum

Tights (per pair)

£12.60

Regulation 6

SCHEDULE 3CHARGES FOR FABRIC SUPPORTS AND WIGS

Column 1

Column 2

Specified Appliance

Specified Sum

Surgical Brassiere

£21.20

Abdominal or Spinal Support

£32.00

Stock Modacrylic Wig

£52.30

Partial Human Hair Wig

£138.00

Full Bespoke Human Hair Wig

£201.70

Explanatory Note

(This note is not part of these Regulations)

These Regulations amend the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001 (“the principal regulations”) which provide for the making and recovery of charges for drugs and appliances supplied by doctors and pharmacists providing pharmaceutical services, and by Health Boards and NHS trusts to out-patients.

The charge, in regulation 3(1)(b) of the principal regulations, for prescriptions supplied to out patients is increased from £6.20 to £6.30 (regulation 2(2)).

The charge, in regulation 8(5) of the principal regulations, for pre-payment certificates is increased from £32.40 to £32.90 for a 4 month certificate and from £89.00 to £90.40 for a 12 month certificate (regulation 2(3)).

Schedules 1, 2 and 3 to the principal regulations are substituted in order to increase the various charges set out in those schedules (regulation 2(4)). The charge for elastic stockings is increased from £6.20 to £6.30 each (from £12.40 to £12.60 per pair) and that for tights from £12.40 to £12.60. The charge for surgical brassieres is increased from £20.90 to £21.20 and for fabric supports is increased from £31.50 to £32.00. The charges for modacrylic wigs and partial human hair wigs are increased from £51.50 to £52.30 and from £135.90 to £138.00 respectively. The charge for full human hair wigs is increased from £198.60 to £201.70.

Regulation 3 provides that the increase in charges made by regulation 2(2) to (4) shall be in respect of supplies made on or after 1st April 2003 or where examinations leading to the supply of an appliance take place on or after that date and, in respect of payments of sums for pre-payment certificates, where the pre-payment certificate itself was applied for on or after 1st April 2003.

(1)

1978 c. 29; section 19(2) was amended by the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 39(2); section 27(2) was amended by the National Health Service (Amendment) Act 1986 (c. 66), section 3(3) and the National Health Service and Community Care Act 1990 (c. 19), Schedule 9, paragraph 19(7); section 105(7), which was amended by the Health Services Act 1980 (c. 41), Schedule 6, paragraph 5 and Schedule 7, by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24, and by the Health Act 1999 (c. 8), Schedule 4, paragraph 60, contains provisions relevant to the making of regulations; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. See section 66(1) of the Health Act 1999 (c. 18) in relation to any provision of that Act being taken to be a pre-commencement enactment within the meaning of the Scotland Act 1998 (c. 46). The functions of the Secretary of State were transferred to the Scottish Ministers, by virtue of section 53 of the Scotland Act 1998.

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